To think this is discrimination

[Hiptrip]

I work in a 365 days a year industry. My colleagues and I, have to provide cover over Christmas.

As I worked over Christmas and New Year last year, I booked and was promised this year off. I have this in writing.

Two colleagues have announced that they can't get childcare, and now management have come back to me and said I have to work. (Single, no kids was planning to have fun with friends and family. Shouldn't have mentioned it in my break at work.)

I have now received a written directive that my leave is cancelled, with the threat of disciplinary if I don't turn up.

No unions here, but what are my chances of claiming constructive dismissal if I don't go to work?

We are a team of twelve and those with families, who are rostered to work have a month to sort themselves out, as does everyone else. Why should it be me that has to come in the whole time, along with our unfortunate manager who has no choice because she is in charge?

I also remember your thread, worridmum - your manager's and pregnant colleague's behaviour was disgraceful (if unsurprising) but I'm glad it got sorted out in the end

And I'm very sorry about the loss of your dad

OP Do please keep us informed of developments. Many of us have been where you are now.

We're having this problem at the moment. Last year I worked boxing day (not open Christmas day) and new years day. Three colleagues had both days off so this year I booked boxing day. My children are adults but live at home. All 3 colleagues have now booked both days again but because some staff have left 2 of us may have to work. I have been told by these colleagues that they definitely won't be working as they have plans and grandchildre . These would be the grandkids they see on a daily basis. I am waiting to see what the management come up with. I have suggested that we all work but just do shorter shifts but resentment is building up already. My adult kids are just as important to me as everybody else's are to them.

Christmas can be celebrated on a different day surely? I was off the Rota last Xmas. It was my first Xmas as a single parent. A week before I was told I had to work it or lose my job because someone on the Rota refused to come in as she had done the last few. So I had a week to sort childcare. I was upset but I just made boxing day extra special and turned that into Christmas day instead. My son understands that I look after elderly people but Santa knows that and comes of a different day like he does for many other families.

I don't really understand how people can get away with refusing to work when they are on the rota especially so near to the time concerned.

Cat everyone in my department has children. Should we tell our dialysis patients that they might need dialysis, but “children’s needs come above adults” and so they will just have to suffer? Because my patients dying of uraemia can’t compare with an upset child opening their presents before I go to work?

lazyarse123 I can't really go into why but this colleague often got pandered to. No idea why I was forced to do it out of everyone else, I was the only one there at the time with a child so don't know if it was to make an example of me or something!

You wouldn't be able to claim constructive dismissal on this. Tbf how many childcare options do you expect to be open on Christmas?

Constructive dismissal only operates in circumstances where you have been forced out if a job or the employer has breached their contract.

Unless not turning up for work is gross misconduct, it is unlikely that they could dismiss you for this (assuming you have no other misconduct warnings on your record).

It is unfair. You've booked a holiday in good faith and you shouldn't be harassed by your colleagues because of that. I would start making noises about a grievance, because it does seem that you have been treated differently to your colleagues.

As someone said way back, I also worked two Christmas days in a homeless centre. I did the morning stuff with them, spent the day with people who literally had no-one else, got double time and knew my children were a) fine and b) may well grow up to be a bit more compassionate and understanding. They have.

Whilst it’s annoying, it’s not discrimination as ‘single and childless’ isn’t a protected characteristic.

Hiptrip,your logic of don’t work jobs that require public hols if you’re a parent is flawed NHS,social care,hospitality,retail all open public holiday and staffed by parents You see folk usually establish career/job choice 1st and then kids follow What do you suggest change jobs?

You use your brain when selecting your career path. If having Christmas Day off every year or not working nights and weekends is going to be important, then don't go and do a nursing degree, because you're going to end up on a 24/7 roster.

I have a little more sympathy for those in minimum wage jobs, as they generally have less choice in their roles, but even so, you suck it up and do your fair share.

Whilst it’s annoying, it’s not discrimination as ‘single and childless’ isn’t a protected characteristic.

Where does it say the op is single?

RedforFilth

Christmas can be celebrated on a different day surely?

You could have celebrated Christmas on a different day surely?

I was off the Rota last Xmas. It was my first Xmas as a single parent. A week before I was told I had to work it or lose my job because someone on the Rota refused to come in as she had done the last few. So I had a week to sort childcare. I was upset but I just made boxing day extra special and turned that into Christmas day instead. My son understands that I look after elderly people but Santa knows that and comes of a different day like he does for many other families.

Are you serious? Your colleague had worked the past few Xmases but you begrudged her the chance to celebrate on Xmas day after all those times she covered for others?

lazyarse123 I can't really go into why but this colleague often got pandered to. No idea why I was forced to do it out of everyone else, I was the only one there at the time with a child so don't know if it was to make an example of me or something!

It's scary how how much self-awareness you lack. It sounds like you were expecting people to pander to you.

@PurpleDaisies in the op

Single, no kids was planning to have fun with friends and family. Shouldn't have mentioned it in my break at work.

If you booked it off and it was approved plus worked last year so have it in writing that you get this year off then you do have recourse. In addition to that, if your leave has been reneged so that one of these other two can be off then you definitely have a discrimination case IF you can get clarification as to why your leave has been revoked. I would email and put in writing that your leave was approved on (enter date) following (whatever you have in writing) and you subsequently made (enter whatever arrangements here) plans and have paid monies to spend time with your family. Under what circumstances has your leave been revoked given that you were aware up until (enter date) that at least two colleagues including one in a supervisory post were covering this period. See what they come back with. If it’s ‘one of thee colleagues is unable to work due to (who cares what excuse they give) xyz’ id reply sympathetically but again pointing out that whilst this is unfortunate you are UNABLE to go back on the commitments you have made over this period and you hope that they can find alternative cover as it won’t be you. If they don’t back down it’s straight to HR. If HR are backing this action then ACAS or a solicitor.
It’s completely unfair and unreasonable.

kaytee87

Whilst it’s annoying, it’s not discrimination as ‘single and childless’ isn’t a protected characteristic.

Do you have professional knowledge of workplace discrimination?

Yes @MinervaSaidThar

MinervaSaidThar umm What?? I was saying I did celebrate Xmas on a different day and have done many many years! I didn't "begrudge" anyone anything. I went in and did my shift and I actually enjoy the day as I get to make it special for my residents. I was just saying it was actually my Xmas off on the Rota and it got changed a week beforehand but I still made it work as a single parent. Therefore I'm sure the op's colleagues can too with so many weeks til Xmas. No idea why you're jumping down my throat! Just to pick a fight it seems! I was basically saying we have to crack on with it.
In fact my whole working life I've had one Xmas off and never had a problem covering for others! Maybe you need to step away from the thread and calm down. It isn't normal to be so aggressive about something that doesn't affect you as I doubt we work together!

I didn't mean the Op's Xmas could be celebrated on a different day, I meant her colleague's could and saying people with children should get priority could. Because I don't agree that only those with kids should get priority at all!

Ah, ok, Red, I misunderstood! Sorry!

Tbf how many childcare options do you expect to be open on Christmas?

Tbf that isn't the OPs problem. 365 days to sort something out.

Tbf how many childcare options do you expect to be open on Christmas?

How is that the OP's problem?

OP,, are you the only one who is being expected to cancel your plans because of these two entitled, selfish colleagues? Someone said upthread that, as there are 12 of you in the department and only 4 need to work, there are other colleagues who could cover if the two who are supposed to be working 'cannot'.
If it's only you, are the other colleagues with time off, who are not being asked to give up their plans, all parents? Are they, by any chance, men? There are still a lot of people who think that a childless woman, particularly an unmarried one, should always give up her time for other people, because women exist for other people's benefit, and if she isn't looking after her children/male partner, she should be occupied in serving other people rather than 'selfishly' doing what she wants.

And if you think you are the only one being pressured like this because you are the only woman without children, then you could possibly have a case for sex discrimination.